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Criminal Injuries Compensation (Overseas) Scheme

Since 1979 the Ministry
of Defence has operated
a compensation scheme
for service personnel
and their accompanying
dependants which makes
payments to innocent
victims of crimes of
violence.

The scheme covers those serving
overseas and deliberately mirrors the
scheme operated by the Ministry of
Justice (MOJ) which compensates
victims of crime in the UK. This ensures
that they and their families do not suffer
a disadvantage as a result of service
compared to civilian victims of crime. For
an application under the scheme to be
considered, it must be submitted within
two years of the incident.

The overseas scheme is known as
the Criminal Injuries Compensation
(Overseas) Scheme and is an evidence
based scheme. Paul Weston from the
Irwin Mitchell Military Injury
Claims team assists soldiers and their
families to gather the necessary police
evidence, medical evidence and witness
statements to support the claim.

Irwin Mitchell provides this service on
a Contingency Fee Agreement and has
been very successful in ensuring that
soldiers and their families receive the
maximum amount of compensation
available, which is currently in the region
of £500,000.

In June 2013, a young soldier serving
with the Royal Fusiliers was assaulted by
a fellow soldier while off duty overseas.
As a result of the assault, the soldier
suffered a severe brain injury.
Since 1979 the Ministry
of Defence has operated
a compensation scheme
for service personnel
and their accompanying
dependants which makes
payments to innocent
victims of crimes of
violence.

The soldier who committed the
assault was arrested and, following a
military court martial, was convicted
of intentionally inflicting grievous
bodily harm, sentenced to nine years
imprisonment and discharged from the
armed forces with disgrace.

The injured soldier was taken to a local
hospital initially and treated in a critical
care unit before being flown back to the
United Kingdom. After further extensive
treatment, he was eventually discharged
to Headley Court where he continues
to be treated. As a result of his injuries,
the young soldier is to be medically
discharged and will require care and
support for the rest of his life.

Paul Weston was instructed by the
soldier’s mother because her son lacked
the mental capacity to instruct us
himself. To date Paul has been able to
secure £175,000 for the soldier’s injuries
and is now gathering the necessary
medical and non-medical evidence to
ensure that he is awarded the maximum
amount of compensation to cover his
future loss of earnings as a result of
being medically discharged from the
armed forces.

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